High Court Patna High Court - Orders

Kaushal Singh @ Kaushal Kumar … vs The State Of Bihar on 29 July, 2011

Patna High Court – Orders
Kaushal Singh @ Kaushal Kumar … vs The State Of Bihar on 29 July, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellanious No.19606 of 2011
                        1. Ajay Singh @ Ajay Kum Singh
                        2. arRajesh Kumar
                        3. Sarvajit Singh and
                        4. Ram Niwas Singh.......Petitioners.
                                      Versus
                          The State Of Bihar...Opposite party.


29.7.2011

Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the

offence under Sections 341,323,324,325,326,308 and 34 of the Indian

Penal Code.

Considering that the assault took place on account of

minor scuffle and injuries are simple as also they have no crimi-

nal antecedent, let the petitioners, named above, in the event of

their surrender within four weeks from the date of receipt of a

copy of this order in connection with Chauri P.S. Case No.19 of

2011, be released on anticipatory bail on furnishing bail bond of

10,000/- each with two sureties of the like amount each to the

satisfaction of the Chief judicial Magistrate, Bhojpur at Ara,subject to

conditions as laid down under Section 438 (2) Cr.P.C.and (i) That one of

the bailors will be a close relative of the pet-

tioners, who will give an affidavit giving genealogy as to how he is

related with the petitioners. The bailors will undertake to furnish

information to the court about any change in the address of the petitioner,

(ii) That the affidavit shall clearly state that the petitioner is not an

accused in any other case and, if they are, they shall not be released on

bail and further the petitioners shall undertake to be represented on the
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first date after cognizance if the investigation in the case is still pending

and in case they fail to do so, their bail bond will be liable to be cancelled

(iii) That the bailors shall also state on affidavit that they will inform the

court concerned if the petitioners are implicated in any other case of

similar nature after his release in the present case and thereafter the court

below will be at liberty to initiate the proceeding for cancellation of bail

on the ground of misuse, (iv) That the petitioners will give an undertaking

that they will receive the police papers on the given date and be present on

date fixed for charge and if they fail to do so on two given dates and

delays the trial in any manner, their bail will be liable to be cancelled for

reasons of misuse.

Anilkr.sinha                                 (Anjana Prakash,J.)